Claim on car insurance

InsideInsurance

Mark_Mark wrote: »

But a non fault claim won't affect your no claims bonus.

If you use the insurance definition of fault which is a zero net outlay then that is correct. If you use the laymans definition then a non-fault accident can impact your NCD in the cases of hit and runs or uninsured third parties etc

vaio

worldwize wrote: »

Yes maybe I used the wrong wording,what they actually said is" the hgv,s ins co won,t accept liability" sorry if the accident account isn,t clear, vehicles leave the parking bays and feed on to the service road to leave the car park which my daughter was already on as she passed the front of the lorry he pulled away,onto the service road from the parking bays and hit the rear o/s wing of her car

based on the above and assuming the front of the lorry hit the OSR wing then I'd be arguing it was the lorry fault

jobdone1

She would have been in his blind spot when he started to pull away. In the eyes of insurance anticipation is key.

DUTR

vaio wrote: »

based on the above and assuming the front of the lorry hit the OSR wing then I'd be arguing it was the lorry fault

Well yes we agree it certainly reads that way, and the plaintiff insurance would have an easy closed case, the fact that they are defending it, suggests there is more to the episode from the other party to indicate it is not an easy clear close case.

arcon5

Tell the insurance company you don't accept split liability, this doesn't sound like it was her fault. Keep on at them to make sure they don't start making decisions in your absence.

But yes you a right, fault or not your premium will be affected. It's very rare any declaration won't affect the base rate.

arcon5

jobdone1 wrote: »

She would have been in his blind spot when he started to pull away. In the eyes of insurance anticipation is key.

Then he should have excercuse a greater degree of care by looking out of his kabin window to see for vehicles passing his front end.
A 20tonne lorry should be excercising a greater deal of care than your typical hatchback.

I don't see how any argument that she was in his blind spot would affect liability

worldwize

Yes Vaio that,s what happened that is why I asked in my original post if any body knew if there was an independent arbitration body in the motor ins industry

InsideInsurance

worldwize wrote: »

Yes Vaio that,s what happened that is why I asked in my original post if any body knew if there was an independent arbitration body in the motor ins industry

It depends what you mean.

The insurance is a regulated industry and the Financial Ombudsman Service is there to deal with policyholder complaints. These would only look at how the claim was handled though and wouldnt really comment on the actual outcome of the liability.

Liability is not an "insurance" thing but a matter for common law. When two sides cannot agree then that is what the County Court is there for but at times an independent mediator will be used to mitigate costs

jobdone1

arcon5 wrote: »

Then he should have excercuse a greater degree of care by looking out of his kabin window to see for vehicles passing his front end.
A 20tonne lorry should be excercising a greater deal of care than your typical hatchback.

I don't see how any argument that she was in his blind spot would affect liability [/QUOTe

I am an advanced driver and anticipate all the time. I agree that checking blinds spots is key however this is very difficult when it comes to large vehicles and rely on road users being more cautious take roundabouts for example how many times do you see car drivers trying to race round the round about to get passed an hgv or coach then come unstuck by ending up on the roundabout and claiming it's not their fault its the big vehicle.

arcon5

Anticipation is irrelevant. Even if the lorry was indicating to pull out and op didn't want to give way doesn't change the fact the driver shouldn't just pull out and hit passing cars already on the carriageway.

Anticipation and advanced driving techniques is great if you want to reduce the risk of any collision... Certainly not a game changer in ops situation.